Dick Roche (Wicklow, Fianna Fail)

I am sure the Senator does and I am sure the grandchild loves having her as a grandmother. However, the point is this is a textual amendment which will address a point made by Senators.

All parties were consulted on this issue. All agreed that the RIAI should be the registration body, provided provisions were included in the Bill to differentiate between and protect the interests involved. The Bill was drafted to ensure fairness and transparency, and that proper procedures were put in place. If, at this late stage, we decide to remove all of that and try to rewrite the whole process, we will endanger the Bill for no good purpose, in spite of the fact that all who were involved in the consultation agreed on the procedures which are in the Bill. We will endanger the Bill but we will not add one jot to the protections and the fairness provided in it. If we do this, we will behave irresponsibly. It would be one of those occasions where we listened to too much advice on too many occasions. Consultation is fine and fair but, at the end of the day, decisions must be made. This issue has dragged on interminably.

I understand the point made by Senators regarding the importance of recognising practical experience as a means of securing registration under the Bill. I already stated that on several occasions, both here and in the Lower House. I am also aware that a number of individuals are of the view that their practical experience may not be recognised, that the technical assessment process will be more difficult than that provided for in the Bill and that they could possibly lose their right to an adequate livelihood. This will not happen. Such an eventuality would be unconstitutional.

I wish to offer Senators an assurance. The purpose of the technical assessment procedure is to allow practical experience to be assessed in order that people might qualify for registration. As Senator Leyden stated, it is designed to give people the opportunity to present a body of professional work that can be objectively assessed. I am at a loss to understand why an organisation that was fully involved in the consultation process should, at an extremely late stage, seem to take a view which is precisely opposite to the consensus that existed up to November last.

An important point appears to have been missed in the lobby material I have seen — Members may have been presented with different material — namely, that a robust appeals process under which decisions of any board or committee, including those made by the technical assessment board, may be challenged will be put in place. In addition, there will be an ultimate right of appeal to the High Court. The various appeals mechanisms are, therefore, in place. It would be a matter for the court to make a ruling on whether the technical assessment process is carried out in a fair and equitable manner. If the technical assessment board were to behave in a way that was despotic, unfair or unjust, its decisions would be quickly struck down.

The Bill regulates the right of a person to call himself or herself an architect. That point tends to become lost in the debate. Senator Norris referred to the point I made earlier, namely, that from the point of view of consumer protection and professional protection, it is necessary to enact this legislation. I am not being intransigent on this issue. However, I am mystified by the extraordinary volte face that has occurred in the context of professional consensus on this matter. The technical assessment and appeals processes are robust and make provision for what was suggested. The Competition Authority recommended that there be an independent process and an independent body. The Bill establishes the RIAI in order to meet that recommendation.

On the RIAI and the Society of Chartered Surveyors, it is interesting that none of the type of lobbying or hysteria that has marked one side of this debate has appeared on the other. I remind Members that the roles of these bodies are separate from those of other boards or committees to be established under the Bill. I am satisfied the procedure being put in place contains the necessary protections and provides assurances that the registration system will be open and transparent. Moreover, the Bill makes provision for robust appeals mechanisms. There also will be a great deal of lay representation on some of the bodies to which I refer.

If we were to proceed to entirely rewrite certain of its sections, the legislation would become imperilled. A complete rewrite would not achieve any additional beneficial effect. The necessary procedures, appeals process and mechanisms are in place and people's right of appeal remains protected.

For the reasons outlined, I regret I cannot accept the amendments.